Jharkhand Court January 2009 Judgments
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Janardan Prasad Singh Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-21-2009
Reported in: [2009(1)JCR562(Jhr)]
ORDERAmareshwar Sahay, J.1. Heard the parties.2. The prayer in this writ petition is for direction to the respondent authorities for fixation of final pension of the petitioner taking into consideration the continuous Government service of the petitioner w.e.f. 16.2.1966 to 30.4.2004 and to pay the retiral dues such as gratuity, leave encashment, arrear of pension, etc. with interest 18% per annum.3. On the last occasion, when the matter was taken up on 18.12.2008, learned Counsel for the respondent State stated that the Service Book of the petitioner was not available with the State respondents rather, it was available in the office of the Accountant General and therefore, the pension of the petitioner could not be fixed and as soon as Service Book is made available, the authorities would take steps for fixation of pension of the petitioner.4. A supplementary counter affidavit has been filed on behalf of the respondent Nos. 2 and 5 wherein, it has been stated at paragraph-4 that the p...
Livinus Lakra Vs. the Bihar State Financial Corporation and ors.
Court: Jharkhand
Decided on: Jan-20-2009
Reported in: 2009(57)BLJR1728
1. In these appeals, the order of the learned Single Judge has been assailed mainly on the ground of non-consideration of a vital legal point raised by the appellants in their writ petitions that the order of punishment has not been passed by the competent authority and the same is wholly illegal.2. The writ petitioners-appellants were appointed as Officers in the Bihar State Financial Corporation (for short 'the Corporation') and at the relevant time they were holding the post of Manager and Deputy Manager, respectively, in Plamau Branch of the Corporation.3. A newly constituted Company, namely, M/s. Shri Katha & Chemicals negotiated with the top brass of the Corporation at its head office for grant of loan of a huge sum of Rs. 46.5 lacs for taking over an ailing unit, M/s. Chandwa Wood Products at Chandwa in Plamau district. M/s. Chandwa Wood Products had taken Cash Credit facility to a limit from the State Bank of India. The outstanding due in the said account at that time was Rs. 3...
Amir Hamja, Vs. the State of Bihar (Now Jharkhand)
Court: Jharkhand
Decided on: Jan-20-2009
Reported in: 2009(57)BLJR2753
1. The appellants along with the other four accused persons, were prosecuted for the charge under Sections 147, 146, 149, 323, 426, 452, 302 and 34 of the Indian Penal Code. On conclusion of the trial, the appellants have been found guilty of committing murder of Chutur Miya and by the impugned judgment have been convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo life imprisonment. The appellant No. 2, since dead, appeal stands abated against him.2. The prosecution was launched on the basis of the fardbeyan of Wahid Miya, father of the deceased Chutur Miya. The prosecution case, in short, is that on 28.3.1983 at about 5 PM while the informant's son Chutur @ Kamruddin Miya was returning from a tank situated in the South-West of the village after easing himself and reached near the house of Aziz Miya, the appellants along with others chased Chutur Miya. In a bid to save his life, he entered into the house of Aziz Miya. Amir Hamja, Jainuddin, Dost Mohammad an...
The State of Jharkhand and Director General of Police Vs. Gauri Shanka ...
Court: Jharkhand
Decided on: Jan-19-2009
Reported in: [2009(2)JCR306(Jhr)]
M.Y. Eqbal, J.1. The respondents-State has filed this review application seeking review of the judgment dated 13.9.2006 passed in W.P. (S) No. 2196 of 2006 whereby learned Single Judge disposed of the writ petition with certain observations and directions. For better appreciation, the judgment dated 13.98.2006 is quoted herein below:Petitioner has approached this Court, seeking a direction to take decision on the enquiry report, already furnished by the enquiry officer in respect to the enquiry, initiated against him during his service, to the disciplinary authority and to pay him the full salary for the period of suspension as also the increments, withheld on account of pendency of departmental proceedings. Further prayer is made for release of retiral benefits.It is an admitted case that the petitioner retired from service on 1st March, 2001. Disciplinary proceedings were initiated before his retirement and enquiry report was submitted on 27th October, 2004. It is settled law that no...
Oriental Insurance Co. Ltd. Vs. Smt. Bimla Devi and ors.
Court: Jharkhand
Decided on: Jan-19-2009
Reported in: [2009(1)JCR566(Jhr)]
ORDER1. All these appeals arise against the judgment and award passed by Sri P.C. Choudhary, 4th Additional Sessions Judge-cum-Motor Vehicles Accident Claims Tribunal, Jamshedpur. It appears that these claim cases were, filed for compensation on account of death/injury in a motor vehicle accident. On 6.6.2004 one Tata Sumo was dashed by a State Transport Bus bearing registration No. JH 05G-9587 on Ranchi-Tata Road.2. In compensation case No. 143 of 2005 judgment Was passed by the Tribunal on 23.6.2007 wherein he exonerated the insurer of the State Transport bus namely Oriental Insurance Company from its liability on the ground that the driver of the bus was not having a valid driving license. Whereas in compensation case No. 144 of 2005, judgment was delivered on 15.9.2007, only a few months after the earlier judgment, wherein he has negatived the contention of the Insurance Company and held that the driver of the bus was having a valid driving license.3. Before hearing the appeal, we ...
Ramendra Singh Alias Rabindra Singh Vs. Gandhi Bauri
Court: Jharkhand
Decided on: Jan-19-2009
Reported in: AIR2010Jhar5
ORDERM.Y. Eqbal, J.1. Heard learned Counsel for the petitioner. No one appears on behalf of the opposite party.2. In this revision application under Section 115, Cr.P.C. the petitioner has challenged the order dated 20-2-2006 passed by Munsif-II, Dhanbad in Execution Case No. 2/2006 whereby he has dismissed the execution case on the ground that the same is barred by limitation inasmuch as it was filed after 22 years from the date of the decree.3. Learned Counsel for the petitioner assailed the impugned order mainly on the ground that in a case where decree is for perpetual injunction, there is no limitation in filing application for execution. In my opinion, the submission made by the learned Counsel is wholly misconceived. It appears that the plaintiff-petitioner has obtained an ex parte decree in Title Suit No. 18/87 against the opposite party. The decree was passed on 7-4-88. The operative portion of the ex- parte decree reads as under:This suit coming on this 22nd day March, 1988 f...
Hira Lal Kalundia Vs. the State of Jharkhand
Court: Jharkhand
Decided on: Jan-16-2009
Reported in: 2009CriLJ2284
Dilip Kumar Sinha, J.1. The sole appellant has preferred this appeal for setting aside the judgment of conviction recorded against him under Section 376 I.P.C. by the Sessions Judge, Singhbhum West, Chaibasa in Sessions Trial No. 219 of 1998 arising out of Manjhari P.S. Case No. 2 of 1998 whereby he was sentenced to undergo rigorous imprisonment for a period of 7 years.2. The prosecution story in short was that the appellant Hira Lal Kalundia on 15.01.1998 at about 5.30 p.m. entered into the house of the prosecutrix Yashbanti Purty and after holding her neck dragged her in the 'Handia' godown by gagging her mouth where forcibly committed rape on her and escaped through window. On the alarm, there being raised by the victim after a short while, the witnesses assembled there including the elder brother of the appellant Jawaharlal Kalundia, who extended threat to the victim and others. The matter was reported to the village Manki found the allegation true in the preliminary enquiry. The p...
Smt. Babni Debi and Smt. Shanti Devi Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-16-2009
Reported in: [2009(2)JCR308(Jhr)]
Amareshwar Sahay, J.1. Heard the counsel for the parties.2. The prayer made in both these writ petitions is same and similar and, therefore, they were taken up together and are being disposed of by this common order.3. Both the writ petitioners, i.e. Smt. Babni Debi and Smt. Shanti Devi, were employed as Female Ward Attendants in Sri Sri Laxminarayan Trust Hospital, Dhanbad (herein after called as Hospital for the sake of convenience). The said Hospital was initially being run and managed by private management but the same was taken over by the State Government on 15/12/1988. The petitioner Smt. Babni Debi, retired from the service on 31/10/1999, whereas the petitioner Smt. Shanti Devi retired from the services on 31/10/1997.4. According to the petitioners, they were employed in the said Hospital even prior to taking over of the said Hospital by the State Government and, therefore, in order to fix their pensionary benefits, their services rendered in the Hospital prior to its taking ov...
Vivek Sarawgi (Minor) Vs. State of Jharkhand and ors.
Court: Jharkhand
Decided on: Jan-16-2009
Reported in: 2009(57)BLJR1133
D.G.R. Patnaik, J.1. Petitioner in this writ application has prayed for the issuance of a direction restraining the respondents from demolishing the building structures, including the boundary wall, erected by the petitioner over the land bearing raiyati plot No. 615 and 616 within ward No. 18 Purani Piri Tola, Buti Road, Karamtoli, Ranchi.2. The case of the petitioner is that the land under reference in this case bearing revisional survey plot No. 615-616 (municipal survey plot No. 461) under khata No. 95, khewat No. 2, village, Hatma, P.S. Ranchi corresponding to M.S. No. 46, P.S. Hatma, (Ranchi), was purchased in the year 1963 by virtue of a sale deed registered and executed in favour of the petitioner's ancestor namely Manik Chand Sarawagi by the previous owner Maulvi Qamural Hoda with the existing house structures, boundary wall, trees and plants. The entire land measuring 49 decimals 167 sq ft, on a family partition held in 1995, came to be allotted to the exclusive share of the ...
Nasim Ansari @ Gura Mian Vs. State of Jharkhand and anr.
Court: Jharkhand
Decided on: Jan-16-2009
Reported in: 2009(57)BLJR1118
ORDERAmareshwar Sahay, J.1. Heard the parties.2. The petitioner has filed this application challenging the order dated 02/09/2008, passed by the Sessions Judge, Deoghar, dismissing the Criminal Revision No. 110/2008, as well as the order dated 14/08/2008, passed by the Sub-Divisional Judicial Magistrate, Madhupur at Deoghar, refusing to release the petitioner on bail by giving him the benefit of Section 167(2)(a)(ii) of the Code of Criminal Procedure.3. The facts, in short, are that one Taiyab Ansari lodged a first information report being Sarath (Chitra) P.S. Case No. 53/2008 against three named accused persons, i.e. the petitioner and two others namely, Phurkant Mian and Mahboob Mian. The F.I.R. was registered under Section 363 and 366A IPC, wherein it was alleged by the informant that this petitioner was his Driver and he used to reside in his house. On the alleged date of occurrence, this petitioner by enticing his minor daughter took her away with him and both were missing. It was...
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